So...last Saturday, I got food poisoning, I was hugging the toilet all night...and I had to go to work at 9:30 a.m. Obvoiusly I called work at about 8a.m and told them I was sick. They made me come in anyways. I work at a very popular restaurant in Hollywood, worked for about 5 hours, had costumers complain because they could tell I was sick...a total show.
My manager got mad at me after I told him that I was leaving. I threw up at work 4 times and I was DONE!
Is it actually legal to make someone come in even though they called sick? I tried to look info online but can't find anything.
I would love to get answers quick since my boss wants to have a talk with me today...about sunday...anyways, thank you so much!!
2007-10-04 10:19:20 · 10 answers · asked by SusiQ 5 in Politics & Government ➔ Law & Ethics
In some places, it is legal for it would not effect the customers or threaten the public's health. In restaurant work, not working when sick IS a public health issue. I worked in MacDonald's as a teenager and if my nose was dripping, the owner would send me home pronto.
In your case however, you actually did your boss a favor for the last thing they need is a sick worker accidentally spreading something to the clientele, who happen to be rich, famous and can easily get people to NOT go to your restaurant just by making a complaint on TV or a news show. Even if you look sick, that has the tendency to put the customers off, which is something you do not want to do if you own a business, especially the business he is in. Diners love good food, but not at the risk of their health or life. Making you work when ill would make him lose BIG TIME money or it could be very possible some damage has been done already. Get someone over him )if possible) to side with you, for they are interested in keeping customers more then your boss.
However look at it his point of view. He often has to deal with people who happen to do anything to get the heck out of work, even lie, not show up on time and anything like this. Even your case was true, the tendency to stereotype the workers as being lazy and good for nothings when the majority has shown them selves to be this way has a tendency to overshadow the truth and his perception quiet strongly. If you have a good record of being a good worker, you could reason with him. However if you had trouble in the past, be prepared for an uphill battle.
If you work there and got food poisoning there, there is a very strong possibility to use the dirt you know against him for a settlement. However tread carefully if going this route.
2007-10-04 10:35:32 · answer #1 · answered by PeguinBackPacker 5 · 1⤊ 0⤋
If you work in a popular restaurant then you obviously have a lot of young people working there and you know that your boss probably gets lied to quite a bit. Now.....the way to work this AND keep your job is to be apologetic and just state what happened. NO DRAMA! He won't care, but I do recommend you be a little more picky about where you eat in the future. good luck......
2007-10-04 17:24:50 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Recent studies show that business loses more money when sick people come in to work than they actually lose from people taking time off because of fake illness.
Unfortunately, some people don't understand this. Its the business owner's right to run his business into the ground if he/she wants to.
Start looking for a new job, I'd say.
2007-10-04 17:26:49 · answer #3 · answered by freedom first 5 · 1⤊ 0⤋
I think your boss probably thought you were out late Saturday night and had a hangover! He has probably heard the food poisoning excuse for many years. The people who are legitimately ill pay the price.
2007-10-04 17:32:13 · answer #4 · answered by dizzy 3 · 0⤊ 0⤋
Play it by ear and see what he has to say>> Depend how much you like your job> Your boss is an butt head with no feeling> Next time call some one to cover for you>>
2007-10-04 17:25:34 · answer #5 · answered by 45 auto 7 · 0⤊ 0⤋
talk to a lawyer, if there are any consequences for leaving work you definitaly have a case. or if you got sicker because you went to work. If they threaten to fire you, tell them your going to call the health department because they made a sick person work around food. :) break it off in them.
2007-10-04 17:24:30 · answer #6 · answered by Anonymous · 1⤊ 1⤋
Check the local health code. It's probably illegal for them to have you working in a restaurant in that condition.
2007-10-04 17:24:51 · answer #7 · answered by Michael C 7 · 0⤊ 1⤋
you need to call the attorney general's office and the state labor office. you had a legitimate reason not to come in and these people should pay for putting your health in jepaordy. this is why we have sick days.
2007-10-04 17:23:44 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Your employer should have known better.
"If you are sick with diarrhea and/or vomiting, fever, or stom-ach cramps, DO NOT WORK WITH FOOD OR UTENSILS!You can pass your germs on to the customer through the food or utensils you handle""
http://www.sdcounty.ca.gov/deh/fhd/pdf/fhbooklet.pdf
2007-10-04 17:33:22 · answer #9 · answered by a bush family member 7 · 2⤊ 0⤋
They can't "make" you do anything. She can however fire you for not coming in. She can also fire you for leaving early.
If you are getting this reaction, perhaps you have been out too many times?
2007-10-04 17:23:54 · answer #10 · answered by davidmi711 7 · 1⤊ 2⤋